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BDSM and The Law

 
Missouri

This is NOT legal advice.

If you live in Missouri  ask your Legislator to change these laws

 
 Merryville, Missouri, women are prohibited from wearing corsets because "the privilege of admiring the curvaceous, unencumbered body of a young woman should not be denied to the normal, red-blooded American male."

Bill Summary

SB 300 - This act modifies laws relating to the regulation of sexually oriented businesses.

SECTION 64.2540 - This section defines the term "licensee" in relation to sexually oriented businesses.

SECTION 67.2546 - This section repeals and reenacts current law. Current law prohibits the exhibition of films, videos, DVDs, or other video reproductions depicting specified sexual activities in viewing rooms at sexually oriented businesses. A person who violates this provision is guilty of a Class A misdemeanor.

If a sexually oriented business allows specified criminal activity or specified sexual activity on the premises or otherwise fails to comply with these requirements, it shall be considered a nuisance and closed pursuant to Section 567.080, RSMo.

SECTION 67.2548 - This section prohibits anyone under the age of 21 from being employed by a sexually oriented business. Violation of this section is a Class A misdemeanor.

SECTION 67.2552 - Under this section, it is a Class A misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from a customer or for a customer to pay gratuity to an employee while he or she is semi-nude.

It is a Class A misdemeanor for an employee, while in a semi-nude state, to touch a customer or for a person to knowingly allow a person under 21 on the premises except for those on the premises for maintenance, repair work, or delivery of items.

This section prohibits a sexually oriented business from being open between the hours of 10 p.m. and 10 a.m. on weekdays and Saturdays. These types of businesses will be closed on state holidays and Sundays.

SECTION 67.2554 - This section allows any county, city, town or village to create an ordinance requiring sexually oriented businesses to be licensed. Any applicant for such a license must provide certain information on the application including identifying information, present contact information, and proof of age. The county or municipality may collect a non-refundable deposit fee to be paid prior to processing a licensing application. A license shall not be issued to any person who has had a conviction for a sexual offense, obscenity offense, or alcohol-related offense during the past 10 years.

SECTION 67.2556 - This section allows any county, city, town or village to have zoning power to regulate the location of sexually oriented businesses.

This section also explains that the purpose of this legislation is to protect public policy interests such as mitigating the adverse secondary effects of sexually oriented businesses, limiting harm to minors, and reduction of crime.

SECTION 311.488 - This section prohibits the Supervisor of the Division of Alcohol and Tobacco Control from issuing a liquor license to a sexually oriented business.

SECTION 567.080 - This section states that any room, building or other structure regularly used for lewdness and assignation purposes is a public nuisance. Currently, only those places where prostitution is conducted are considered public nuisances.

Any person who establishes, maintains, uses, owns, or leases a place for lewdness, assignation, or prostitution is guilty of maintaining a nuisance. If convicted, a person will be fined not more than $1,000 and/or receive a jail sentence of not more than one year.

An action to enjoin such a nuisance may be brought if a lessee, sublessee, employee or agent of the owner, assignee, or partner of the owner knew the nuisance was being maintained. Currently, the law provides for such an injunction only if the owner knows of such activity.

SECTION 573.503 - This section makes it a Class B misdemeanor for an adult cabaret employee to not complete a background check if required to do so by an order or ordinance. Currently, this section allows counties and St. Louis City to create an order or ordinance requiring employees of adult cabarets to complete background checks but there is no penalty for failing to do so.

Lawsuit for Providing "Obscene" Material

573.120.  1.  If any person has been convicted of any offense defined in this chapter, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation.  No victim may recover in any such action unless he or she proves by a preponderance of the evidence that the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation to commit such violation.

2.  The manufacturer, producer or wholesale distributor shall be liable to the victim for:

(1)  Actual damages incurred by the victim, including medical costs;

(2)  Court costs and reasonable attorneys fees;

(3)  Infliction of emotional distress;

(4)  Pain and suffering; and

(5)  Loss of consortium.

3.  Every action under this section shall be commenced within three years after the conviction for a violation of this chapter.  However, if the victim was under

the age of eighteen years at the time of the conviction of the defendant for a violation of this chapter, an action under this section shall be commenced within three years after the victim attains the age of eighteen years.

4.  For the purposes of this section the following terms shall mean:

(1)  "Manufacturer", any individual, partnership, corporation, association, or other legal entity which manufacturers, assembles or produces obscene material;

(2)  "Producer", any individual, partnership, corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material;

(3)  "Wholesale distributor", any individual, partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale or rental of the obscene material.

 

 

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